Project Agreement

Rev. 3/9/2021 
£.
CHANDLER 
	.tar1zona 
Community of Innovation 
CITY OF CHANDLER, ARIZONA 
PUBLIC WORKS & UTILITIES DEPARTMENT 
CAPITAL PROJECTS DIVISION 
CONSTRUCTION CONTRACT 
RUNWAY 4L-22R HEADWALLS 
RECONSTRUCTION 
CITY PROJECT NO.: Al2003.401; 
FAA AIP No. 3-04-0008-029-2021 
MAYOR 
Kevin Hartke 
VICE MAYOR 
Mark Stewart 
COUNCIL 
Matt Orlando 
OD Harris 
Christine Ellis 
Rene Lopez 
Terry Roe 
Andrew Goh, P.E. 
CIP City Engineer 
Page i

Clw PROJECT NO.: A12003.401; FAA AIP No. 3-04-0008-029-2021
EXH|BTT A - PROJECT SpECtFtC SPEC|AL PROVIS|ONS..............._..... ................ sp-l
EXHTBTT B - GENERAL CONDIT|ONS.... 
..........GC_1
EXH|B|T C - TECHNTCAL SPECIF|CAT|ONS........... 
.....................TS-1
EXHTBtT D - ctS / Gps DATA DELtVERy REQUTREMENTS (tF AppLtCABLE) ..............................Gts-1
EXHTBTT E - FEDERAL pROVtStONS (tF AppLtcABLE)......................... ............... Fp-1
City ofChandle. Construction Bid
Public Works & Utilities Department, Capitat projects Division
Projecl Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTTON
Projecl No.: A12003.401; FAA Atp No. 3,04-OO0A-029-2021
Rev . 31912021
Page ii
CITY OF CHANDLER, ARIZONA
RUNWAY 4L-22R HEADWALLS RECONSTRUCTION
TABLE OF CONTENTS

CONSTRUCTION SERVICES CONTRACT
PROJECT NO.: A12003.40'l; FAA AIP No. 3-0+0008-029-2021
THIS CONTRACT is made and entered into on the _ 
day of _, 
2O_,
by and between City of Chandler, an Arizona municipal corporation, hereinafter called
"Cit/' and the "Contractor" designated below (City and Contractor may individually be
referred to as "Party'and collectively referred to as "parties").
City and Contractor agree as follows:
ARTICLE 1 . PARTICIPANTS AND PROIECT
ctw:
CITY:
CONTRACTOR:
DESIGN PROFESSIONAL:
CIP City Engineer:
Andrew Goh
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
chandler, AZ 8524+4008
Phone: 480-782-3343
Email: andrew.goh@chandleraz.gov
Construction Project Manager:
Paul Ahlas
Public Works & Utilities Department
P.O. Box /tO08, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3328
Email: paul.ahlas@chandleraz.gov
Combs Construction Company, lnc.
P.O.Box 10789, Glendale, AZ 85318
Arizona ROC No.: 
100380
Federal Tax lD No.: 
86-O74/.S1G
BusinessOrganization: corporation
State Where Organized: Arizona
Statutory Agent Name:
Statutory Agent Physical Address:
Statutory Agent Mailing Address:
Contractor's Authorized Project Representative: Ryan Combs
Title: President
Physical Address:
Mailing Address:
Phone: 602-237-4029
Email: felicia@combsaz.com
Dibble Engineering
7878 N. 16th St., Ste. 300. phoenix, M A5O2O
Statutory Agent Name:
Statutory Agent Physical Address:
Statutory Agent Mailing Address:
City of Chandler Construction Bid
Public Works & Utilities Department, Capilat projects Division
Project Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTTON
Projecl No.:412003.401; FAA Atp No 3-
04-0008-029-2021
Rev . 31912021
Page C-1

Design Professional's Authorized Project Representative:
Name: Duane Dana
Title:
Physical Address: 7878 N. 15th St., Ste. 300, phoenix AZ 85020
Mailing Address:
Phone: 502-957-1155
Email: Duane.dana@dibblecorp.com
PROJECT DESCRTPTTON:
The chandler Municipal Airporfs Runway 4L-22R Headwall Reconstruction project includes the
removal offour headwalls located on the south side of Runway 4L-22R at raxiway H and raxiway
L. These headwalls will be replaced with mitered edge type inlets and outlets with riprap that
match Federal Aviation Administration (FAA) grading and drainage criteria.
PROJECT LOCATION:
2380 S Stinson Way, Chandler, M 85286
City of Chandler Conslruction Bid
Public Works & Utililies Department, Capitat projecls Division
Project Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTTON
Poect No.: 412003.401; FAA AIP No. 3-
04,0008-029-2021
Rev.3/9/2021
Page C-2

2.1
CONTRACT DOCUMENTS
The Contract between City and Contractor will consist of the following Contract
Documents:
'L This Construction Services Contract and all of its Exhibits, including project
Pla ns and Technical Specifications.
2. General Conditions and General Conditions Appendices, incorporated by
refe re nce.
3. Project Specific Special Provisions as set forth in Exhibit A, incorporated by
reference.
4. Project Bid Proposal.
2.2
ln the event of any inconsistency, conflict, or ambiguity bewveen or among the
Contract Documents, the Contract Documents will take precedence as described in
Section 14.1.4 ofthe General Conditions.
2.3
DEFINITIONS
The definitions in Section 2 of the General Conditions apply to all the Contract
Documents, including this Agreement.
ARTICLE 3. CONSTRUCTION SERVICES
3.1 GENERAL
3.1.1
3.',1.2 contractor agrees this is a unit Price contract. contractor agrees at its own cost and
expense, to do all Work necessary required to fully, timely and properly complete
the construction of the Project in strict accordance with the Contract Documents in
a good and workmanlike manner, free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified, within the contract
time.
3.1.3 contractor must provide all of the labor and materials, and perform the work in
accordance with section 4 0f the General conditions. some, but not all, of the major
components of the construction services and the corresponding subsections of
Section 4 of the General Conditions are set forth below.
City of Chandler Construction Bid
Public Works & Utilities Department, Capitat prqects Division
Projecl Name: RLJNWAY 4L-22R HEADWALLS RECONSTRUCTTON
Project No.:A12003.401; FAA AIp No. 3-
M-0008-029-2021
Rev . 31912021
Scope of Work.
and co nd itions
documents do
addendum.
All terms and conditions are set forth in the Contract. Any terms
and exceptions noted in the Contractofs proposal or other
not apply unless agreed to in this Contract or an approved
Page C-3
ARTICLE 2 - CONTRACT DOCUMENTS

3.1.4
At all times relevant to this Contract and performance of the Work, the Contactor
must fully compiy with all Laws, Regulations, or Legal Requirements applicable to
City, the Project and the Contract, including, without limitation, those set forth on
attached Exhibit A.
3.1.5 Contractor must perform the Work under this Contract using only those firms, team
members and individuals designated by Contractor consistent with Contracto/s
accepted Bid, or otherwise, approved by City pursuant to the General Conditions.
No other entities or individuals may be used without the prior written approval of
the Project Manager.
3.1.7 In the event of a conflict bewveen this Contract and the General Conditions or an
exhibit hereto or appendix thereto, the terms of this Contract will control.
3.1.8 Ownership of Work Product. Notwithstanding anything to the contrary in this
Contract, all Work Product prepared or otherwise created in connection with the
performance of this Contract, including the Work, are to be and remain the property
of City. For purposes of this provision, 'Work Product" will include all designs,
drawings, plans, specifications, ideas, renderings and other information or matter,
in whatever form created (e.9., electronic or printed) and in all media now known or
hereinafter created. All Work Product will be considered Work Made for Hire as
defined in the United States Copyright Act 17 U.S.C. 5 101 (Copyright Act). lf for any
reason, any such Work is found not to be a Work Made for Hire, Contractor hereby
transfers and assigns ownership of the copyright in such Work to City. The rights in
this Section are exclusive to City in perpetuity.
3.2 CONTRACTOR'S PRE.CONTRACT AND PRE.WORK DELIVERABLES
3.2.1 The Contractor must provide the Deliverables in accordance with Section 4.2 of
the General Conditions.
JJ
PRE.CONSTRUCTION CONFERENCE
Contractor must attend the Pre-Construction Conference in accordance with
Section 4.3 of the General Conditions.
3.4
PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS)
Contractor must perform the Work in accordance with Section 4.4 of the General
Conditions.
Page C 4
3.1 .6 Contractor must comply with all terms and conditions of the General Conditions.
C jty of Chandler Construction Bid
Public Works & LJtililies Department, Capilal Projects Division
Project Namer RUNWAY 4L-22R HEADWALLS RECONSTRUCTION
Project No.:412003.401; FAAAIP No. 3-
Bt-0008 029-2021
Rev . 31912021

coNTROL OF THE PROJECT SrTE
Contractor must control and maintain the Project Site in accordance with Section 4.5
of the General Conditions.
PROJECTSAFEW
Contractor must implement and enforce Project safety in accordance with Section
4.6 of the General Conditions.
MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS
Contractor must provide materials testing and submit substitute materials and Shop
Drawings in accordance with Section 4.7 of the General Conditions.
20
WARRANTY AND CORRECTION OF DEFECTIVE WORK
Contractor must provide warranties and correct defective Work in accordance with
Section 4.9 of the General Conditions.
ARTICLE 4 - CITY RESPONSIBILITIES
4.1
City will have the respo nsibilities, and provrde the information specified in, and
subject to the conditions set forth in, Section 5 of the General Condltions.
ARTICLE 5 - CONTRACT TIME
5.1 GENERAL
5.1.1
The total Contract Duration is 21 Calendar Days (including Substantial Completion
by 14 Calendars Days and Final Acceptance by 7 Calendar Days).
5.1.2 The Contract Time will start with the Notice to Proceed (NTP) and end with
Final Acceptance, as setforth in Article 5.4 below.
5.1.3 The Contract Time will be as set forth in the Project Schedule. Contractor agrees
that it will commence performance of the V{ork and complete the Project through
Final Acceptance within the Contract Time.
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
PToJect Name: RUNWAY 4L 22R HEADWALLS RECONSTRUCTION
Project No.: A12003.401t FAA AIP No. 3-
04-0008-029-2021
Rev. 3/9/2021
Page C 5
3.8
PROJECT RECORD DOCUMENTS
Contractor must maintain and make available the Project Record Documents in
accordance with Section 4.8 of the General Conditions.
5.1.4 Time is of the essence of this Contract for the Project, and for each phase and
designated Milestone thereof.

5.2 PROJECT SCHEDULE
The Project Schedule \^/ill be updated and maintained throughout Contractofs
performance under this Contract in accordance with Section 6.2 of the General
Conditions.
5.2.2 Work must be completed to meet the following milestones after the Notice to
Proceed:
Milestone
Time
Liquidated damages for delav
1
with in
$
per calendar day
SUBSTANTIAL COMPLETION
Substantial Completion must be achieved no later than the Substantial Completion
Date set forth in the Project Schedule. Substantial Completion will be determined
in accordance with Section 6.3 of the General Conditions.
5,4 FINALACCEPTANCE
5.4.1 Final Acceptance will be obtained within the time period set forth in the Project
Schedule.
5.4.2 FinalAcceptance will be issued pursuant to Section 6.5 of the General Conditions.
5.5 LIQUIDATED DAMAGES
a5 
t
qrrhct:ntial 
a^mnlori^
I inr rid:tpd 
l-): m
. Contractor acknowledges and
agrees that if Contractor fails to obtain Substantial Completion of the Work within
the Contract Time, City will sustain extensive damages and serious loss as a result
of such failure. The exact amount of such damages will be extremely difficult to
ascertain. Therefore, City and Contractor agree that if Contractor fails to achieve
Substantial Completion of the Work within the Contract Time, City will be entitled to
retain or recover from Contractor, as liquidated damages and not as a penalty, the
sum per calendar day as indicated in MAG S 108.9.
5.5.2 Final Acceptance Liquidated Damages. For the same reasons set forth in Article
5.5.1 above, City and Contractor further agree that if Contractor fails to achieve
Final Acceptance of the Work within the Contract Time, City will be entitled to
City ofchandler Construction Bid 
page C-6
Public Works & Ulililies Departmenl, Capital Projects Division
Project Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTION
Project No.: A12003.401; FAA AIP No. 3,
04-0008-029-2021
Rev.3/9/2021
5.1.5 Failure on the part of Contractor to adhere to the approved Project Schedule will
be deemed a material breach and sufficient grounds for termination of this
Contract by City.
days

retain or recover from Contractor, as liquidated damages and not as a penalty, the
sum per calendar day as indicated in MAG 5 108.9 commencing from the actual date
of Substantial Completion or Final Acceptance as required under the Contract.
5 5.3 lvlAc Liouidated Damages. Liquidated damages provisions in MAG S 108.9 will apply.
5.5.4 City may deduct liquidated damages described in this Article 5.5 from any unpaid
amounts then or thereafter due Contractor under this Agreement. Any liquidated
damages not so deducted from any unpaid amounts due Contractor will be payable
to City at the demand of City, together with interest from the date of the demand at
the highest lawful rate of interest payable by Contractor.
5.6 MUTUALWAIVER OF CONSEQUENTIAL DAMAGES ONLY
5.6.1
Contractor and City waive claims against each other for consequential damages
arising out of or relating to this Contract. This mutual waiver includes.
1. Damages incurred by City for rental expenses, for losses of use, income, profit,
financing, business and reputation, and for loss of management or employee
productivity or of the servicesofsuch persons; and
2. Damages incurred by Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, and for loss of profit except anticipated profit arising directly from
the Work.
5.6.2
This mutual waiver is applicable, without limitation, to all consequential damages
due to either partys termination of this Contract. Nothing contained in this
Article 5.6 will be deemed to preclude an award of liquidated damages, when
applicable, in accordance with Article 5.5 above.
5.6.3 Nothing herein will be deemed to constitute a waiver of any other remedy available
to City in the event of Contracto/s default under this Contract prior to full
performance of the Work including, as applicable, specific performance or
completion of the Work on behalf of Contractor, the cost and expense of which
will be offset against any monies then or thereafter due to Contractor (if any) and
otherwise immediately reimbursed to City by Contractor.
ARTICLE 6 - CONTRACT PRICE
6.1 CONTRACT PRICE
Page C 7
City of Chandler Construction Bid
Public Works & Utilities Deparlment, Capital Projects Division
PToJecI Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTION
Project No.: A12003.401; FAA AIP No. 3
04-0008-029-2021
Rev.3/9/2021

6.1.1
ln exchange for Contractofs full, timely, and acceptable performances and
construction of the Work under this Contract, and subject to all of the terms of
this Contract, City will pay Contractor the "Contract Price," which is $230.541.
6.1.2 The Contract Price is all-inclusive and specifically includes all fees, cost, insurance
and bond premiums, and taxes of any type necessary to fully, properly and timely
perform and construct Work.
o.z
cosrs
For any portion of the Work which, either through this Contract, Change Order or
otherwise, is performed and paid for on a cost, or time and materials basis, the
costs which may be reimbursed to Contractor and chargeable against the Contract
Price will be determined as set fo rth in MAG S 109.5.
ARTICLE 7 - PAYMENT
Payments will be made to Contractor in accordance with Section 8 of the General
Conditions.
ARTICLE 8 . CHANGES TO THE CONTRACT
Changes to the Contract may be made in strict accordance with Section 9 of the
General Conditions.
ARTICLE 1O - INSURANCE AND BONDS
10.1
Contractor must provide insurance in accordance with Sections 11.1 through 1 'l .3
of the General Conditions. Contractor must provide proof of such insurance and all
required endorsements in forms acceptable to City prior to commencing any
Work under this Contract.
10.2
Contractor must provide performance and payment bonds to City in Accordance
with Section 11.4 of the General Conditions and A.R.S.5 34-222.
1 0.3
Failure to provide proof of insurance and the required endorsements, or the
required bonds, in forms acceptable to City, will be a material breach and grounds
for termination for cause of this Contract.
ARTICLE 1,I - INDEMNIFICATION
City ofChandler Const,uction Bid
Public Works & Utilities Department, Capilal Projec{s Division
Project Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTTON
Project No.r A12003.401; FAA AIP No. 3-
0/-0004-029-2021
Rev 31912021
Page C-8
ARTICLE 9 - SUSPENSION AND TERMINATION
This Contract may be suspended or terminated in accordance with Section 10 of the
General Conditions.

Contractor must have and assume the indemnity obligations set forth in Section 12 of the
General Conditions.
ARTICLE 12. DISPUTE RESOLUTION
Any claims or disputes relating to this Contract will be resolved according to the dispute
resolution process set forth in Section 13 of, and Appendix 6 to, the General Conditions.
SIGNATURE PAGE TO FOLLOW
City of Chandler Construction 8id
Public Works & Utilities Department, Capital Projecls Division
Project Name: RUNWAY 4L-22R HEADWALLS RECONSTRUCTION
Project No.:A1200340'l: FAAAIP No 3-
04-0008-029-2021
Rev . 31912021
Page C-9

lN WITNESS WHEREOF, the Parties hereto have executed this Contract through their duly
authorized representatives and bind their respective entitles as ofthe effective dat€.
"ctTY"
CITY OF CHANDLER
MAYOR
Recommended By:
Date
Andrew Goh, P.E.
CIP City Engineer
APPROVED A5 TO FORM:
Date
City Attorney
ATTEST:
City Clerk
Seal
Snature
"CONTRACTOR"
Combs Construction Company, lnc
Name
President
Ma
15,202t
Date
Title
Ryan@combsaz.com
il Address
Azadeh Ran
Secretary
STATE OF ARIZONA
County of Mariaopa
SUBSCRIAED AND SWORN
rrre Pr.gidenl- or
IO bcfore mc, lhe undersrpncd
Combc 0^r\sf,ru.mnnr
nordry pubri(, by a7pq1]Q2n}6 who wrs id.nrined a\
lSfh 
day or N,l4.U .toU
trt
%n^^7r* *,,;, n
)ss.
Notiry Public - 0
@
EDITALYN LENIZO
Notary Publlc - Artona
Maicopr Coudy
Commlsslorl t 566078
i,ly Commissiofl Exdros irerch 5, 2023
Cily of Chandhr Construclion Bid
Public Work6 & Utililies O6partment, Capilal Prolecls Olvision
P.ojec{ Name: RUNWAY ,lL-22R HEADWALLS RECONSIRUCTION
Projecl No.: A12003.401; FAA AIP No. 3-
04-000&029-202,
Rev . 3fgl2o21
-)t
Page C-10
My(ommission expires:
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